Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 53442-53445 [E9-24986]

Download as PDF 53442 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules serial numbers on which Airbus modification 48825 has been embodied in production, except those on which Airbus modification 57409 has been embodied in production. Subject (d) Air Transport Association (ATA) of America Code 92. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS Reason (e) The mandatory continuing airworthiness information (MCAI) states: In the door 2 area, the hat-racks are supplied with a basic wire harness which includes ‘‘Oxygen Masks’’ activation. In case of a monument installation, the respective non-used hat-rack connections between monument and outer skin are put on stow. It was noticed in production, that the distance between the stowed wire harness and the monument could be too small. This condition, if not corrected, could lead to the short circuit of wires dedicated to oxygen, which, in case of emergency, could result in a large number of passenger oxygen masks not being supplied with oxygen, possibly causing personal injuries. For the reasons described above, this AD requires the modification of the hat rack connectors on stow, and the rerouting of the associated wire harness in case of monument installed in door 2 area. Actions and Compliance (f) Unless already done, do the following actions. (1) Within 24 months after the effective date of this AD, modify both the left-hand (L/ H) and right-hand (R/H) hat-rack connectors in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330–92–3070, Revision 01, dated January 12, 2009; or Airbus Mandatory Service Bulletin A340–92–4073, Revision 01, dated January 13, 2009; as applicable, except as provided by paragraph (f)(2) of this AD. (2) Modifications done before the effective date of this AD, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330–92–3070 or A340–92–4073, both dated July 10, 2008, as applicable, are acceptable for compliance with the applicable requirements of paragraph (f)(1) of this AD, provided that within 24 months after the effective date of this AD, the ‘‘ADDITIONAL WORK’’ specified in Airbus Mandatory Service Bulletin A330–92–3070, Revision 01, dated January 12, 2009; or Airbus Mandatory Service Bulletin A340–92–4073, Revision 01, dated January 13, 2009; as applicable; is accomplished in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330–92–3070, Revision 01, dated January 12, 2009; or Airbus Mandatory Service Bulletin A340–92– 4073, Revision 01, dated January 13, 2009; as applicable. Note 1: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: 13:53 Oct 16, 2009 Jkt 220001 Related Information (h) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2009– 0077, dated April 6, 2009; Airbus Mandatory Service Bulletin A330–92–3070, Revision 01, dated January 12, 2009; and Airbus Mandatory Service Bulletin A340–92–4073, Revision 01, dated January 13, 2009; for related information. Issued in Renton, Washington, on October 5, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–24988 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0913; Directorate Identifier 2009–NM–101–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 737–600, –700, –700C, –800, and –900 Series Airplanes FAA AD Differences VerDate Nov<24>2008 (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737–600, –700, –700C, –800, and –900 series airplanes. This proposed AD would require inspections for scribe lines in the fuselage skin at lap joints, the splice strap at certain butt joints, the skin or doubler at certain approved repair doublers, and the skin at decal locations; and related investigative and corrective actions if necessary. This proposed AD results from reports of scribe line damage found adjacent to the skin lap joints, decals, and wing-to-body fairings. We are proposing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane. DATES: We must receive comments on this proposed AD by December 3, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1; fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227– 1221 or 425–227–1152. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office E:\FR\FM\19OCP1.SGM 19OCP1 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6447; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0913; Directorate Identifier 2009–NM–101–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS Discussion We have received reports indicating that scribe lines have been found by multiple operators on Boeing Model 737–600, –700, –700C, –800, and –900 series airplanes. The scribe lines appear to have been made on the skin when sealant was removed as part of preparing the airplane for repainting. One Model 737–700 operator reported scribe lines found around the wing-tobody fairing between stringer 26L and stringer 25R at station (STA) 727D to STA 727E. A second Model 737–700 operator reported six vertical scribe lines up to 42 inches long on the upper aft fuselage between stringer 5R and stringer 9R at STA 847 to STA 887. Another 737–700 operator reported scribe lines along stringer 24L and stringer 24R between STA 178 to STA 500B. The depth of the scribe lines ranged from 0.001 inch to 0.004 inch. The airplanes had accumulated between 595 and 17,571 total flight cycles. No cracks as a result of scribe lines found on Model 737–600, –700, –700C, –800, and –900 airplanes have been reported to Boeing. VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 Related ADs This proposed AD is similar to two existing ADs. AD 2006–07–12, amendment 39–14539 (71 FR 16211, March 31, 2006), applies to Boeing Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. AD 2007–19–07, amendment 39–15198 (72 FR 60244, October 24, 2007), applies to Boeing Model 757–200, –200PF, and –200CB series airplanes. Those ADs require inspections to detect scribe lines in the fuselage skin at certain lap joints, butt joints, external repair doublers, and other areas; and related investigative/ corrective actions if necessary. Those actions resulted from reports of fuselage skin cracks adjacent to the skin lap joints on airplanes that had scribe lines. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009. That service bulletin describes procedures for inspecting for scribe lines in the fuselage skin at lap joints, the splice strap at certain butt joints, the skin or doubler at certain approved repair doublers, and the skin at decal locations. That service bulletin specifies removing paint and sealant from affected areas before the initial inspection. The service bulletin specifies that the compliance time for the inspections ranges between before accumulating 14,000 total flight cycles plus the first scribe line opportunity, and 75,000 total flight cycles, depending on the inspection location, or within 4,000 flight cycles after the date the service bulletin was issued (whichever occurs later). That service bulletin specifies related investigative and corrective actions. The related investigative actions include performing repetitive detailed, high frequency eddy current, ultrasonic, and/ or ultrasonic phased array inspections of the scribe lines to detect cracks. The repetitive inspection interval ranges between 1,000 and 10,000 flight cycles, depending on the condition found. The corrective actions include repairing scribe lines and cracks. The service bulletin specifies to repair cracks before further flight. That service bulletin also specifies repairing scribe lines before further flight, except when a limited return to service (LRTS) program for qualifying scribe lines would allow return to service for a limited period before scribe lines are repaired. The LRTS program includes repetitive inspections to detect cracks where scribe lines are found. To qualify for an LRTS program, scribe lines must meet certain criteria based on their depth and location. That service PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 53443 bulletin specifies final repair by using the structural repair manual or contacting Boeing for instructions, which would eliminate the need for the repetitive inspections of the LRTS program. The repetitive intervals for the LRTS program range from 2,500 flight cycles to 10,000 flight cycles after the scribe line is found, depending on the inspection location. That service bulletin notes that certain inspections would not be necessary under the following conditions: • The airplane has never been stripped or repainted, or the airplane was stripped or repainted after July 1, 2007. • The airplane has never had decals installed, or decals were installed after July 1, 2007. • For each repair, the airplane has never been stripped or repainted since the repair was installed or the repair was installed after July 1, 2007. • The area under the wing-to-body fairings has never been stripped or repainted or the airplane was stripped or repainted after July 1, 2007. • No sealant has been removed except in accordance with the specified sealant removal processes given in Appendix A of the service bulletin. That service bulletin specifies submitting inspection results to Boeing. The service bulletin also provides procedures for addressing scribe lines detected before the initial inspection threshold. FAA’s Determination and Requirements of This Proposed AD We are proposing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the Proposed AD and Service Bulletin.’’ The proposed AD would also require sending the inspection results to Boeing. Differences Between the Proposed AD and Service Bulletin Where the service bulletin specifies contacting the manufacturer for instructions on how to repair certain conditions, this proposed AD would require repairing those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the E:\FR\FM\19OCP1.SGM 19OCP1 53444 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Costs of Compliance We estimate that this proposed AD would affect 782 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this proposed AD. TABLE—ESTIMATED COSTS Action Work hours Inspection Average labor rate per hour 53 Parts $80 Cost per product $0 Number of U.S.registered airplanes $4,240 per inspection cycle ........... 782 Fleet cost $3,315,680 per inspection cycle. Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Inspection Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. (g) At the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009 (‘‘the service bulletin’’), except as provided in paragraph (h) of this AD, do detailed external inspections for scribe lines in the fuselage skin at lap joints, the splice strap at certain butt joints, the skin or doubler at certain approved repair doublers, and the skin at decals; and do all applicable related investigative and corrective actions, by accomplishing all actions specified in the Accomplishment Instructions of the service bulletin, except as provided by paragraph (i) of this AD. Note 1: The inspection exceptions described in subparagraphs 1.a. through 1.e. in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009, apply to this AD. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866, 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Boeing: Docket No. FAA–2009–0913; Directorate Identifier 2009–NM–101–AD. Comments Due Date (a) We must receive comments by December 3, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 737– 600, –700, –700C, –800, and –900 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Unsafe Condition (e) This AD results from reports of scribe line damage found adjacent to the skin lap joints, decals, and wing-to-body fairings. The Federal Aviation Administration is issuing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane. Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 Exceptions to Service Bulletin Specifications (h) Where Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009, specifies a compliance time after the date on the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. (i) Where Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009, specifies to contact Boeing for appropriate action, accomplish applicable actions using a method approved in accordance with the procedures specified in paragraph (k) of this AD. Report (j) At the applicable time specified in paragraph (j)(1) or (j)(2) of this AD: Submit a report of the findings (both positive and negative) of the inspections required by paragraph (g) of this AD. You may use Appendix B of Boeing Alert Service Bulletin 737–53A1289, dated January 14, 2009. Send the report to Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124– 2207. The report must contain, at a minimum, the inspection results, a description of any discrepancies found, the airplane serial number, and the number of flight cycles and flight hours on the airplane. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120–0056. E:\FR\FM\19OCP1.SGM 19OCP1 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM– 120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6447; fax (425) 917–6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Issued in Renton, Washington, on October 5, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–24986 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2008–0664; FRL–8969–7] cprice-sewell on DSK2BSOYB1PROD with PROPOSALS RIN 2060–AP11 Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Clean Air Act requires the Environmental Protection Agency VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 (EPA) to review alternatives for ozonedepleting substances and to approve of substitutes that do not present a risk more significant than other alternatives that are available. Under that authority, the Significant New Alternatives Policy (SNAP) program of EPA proposes to expand the list of acceptable substitutes for ozone-depleting substances (ODS). The substitute addressed in this proposal is for the motor vehicle air conditioning (MVAC) end-use within the refrigeration and air-conditioning sector. EPA proposes to find HFO– 1234yf acceptable, subject to use conditions as a substitute for CFC–12 in motor vehicle air conditioning. The proposed substitute is a non ozonedepleting gas and consequently does not contribute to stratospheric ozone depletion. DATES: Comments must be received on or before December 18, 2009, unless a public hearing is requested. Comments must then be received on or before January 4, 2010. Any party requesting a public hearing must notify the contact listed below under FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on October 29, 2009. If a hearing is held, it will take place on November 3, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2008–0664, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: a-and-r-Docket@epa.gov. • Fax: (202) 566–1741. • Mail: Environmental Protection Agency. EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA–HQ–OAR–2008–0664, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. • Hand Delivery: Public Reading Room, Room 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2008– 0664. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 53445 Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: For further information about this proposed rule, contact Margaret Sheppard, Stratospheric Protection Division, Office of Atmospheric Programs; Environmental Protection Agency, Mail Code 6205J, 1200 Pennsylvania Avenue NW., Washington DC 20460; telephone number (202) 343–9163, fax number, (202) 343–2338; e-mail address at sheppard.margaret@epa.gov. Notices and rulemakings under the SNAP program are available on EPA’s Stratospheric Ozone Web site at https:// www.epa.gov/ozone/snap/ regulations.html. For copies of the full list of SNAP decisions in all industrial E:\FR\FM\19OCP1.SGM 19OCP1

Agencies

[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Proposed Rules]
[Pages 53442-53445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24986]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0913; Directorate Identifier 2009-NM-101-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Boeing Model 737-600, -700, -700C, -800, and -900 series 
airplanes. This proposed AD would require inspections for scribe lines 
in the fuselage skin at lap joints, the splice strap at certain butt 
joints, the skin or doubler at certain approved repair doublers, and 
the skin at decal locations; and related investigative and corrective 
actions if necessary. This proposed AD results from reports of scribe 
line damage found adjacent to the skin lap joints, decals, and wing-to-
body fairings. We are proposing this AD to detect and correct scribe 
lines, which can develop into fatigue cracks in the skin. Undetected 
fatigue cracks can grow and cause sudden decompression of the airplane.

DATES: We must receive comments on this proposed AD by December 3, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221 or 
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office

[[Page 53443]]

(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6447; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0913; 
Directorate Identifier 2009-NM-101-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports indicating that scribe lines have been 
found by multiple operators on Boeing Model 737-600, -700, -700C, -800, 
and -900 series airplanes. The scribe lines appear to have been made on 
the skin when sealant was removed as part of preparing the airplane for 
repainting. One Model 737-700 operator reported scribe lines found 
around the wing-to-body fairing between stringer 26L and stringer 25R 
at station (STA) 727D to STA 727E. A second Model 737-700 operator 
reported six vertical scribe lines up to 42 inches long on the upper 
aft fuselage between stringer 5R and stringer 9R at STA 847 to STA 887. 
Another 737-700 operator reported scribe lines along stringer 24L and 
stringer 24R between STA 178 to STA 500B. The depth of the scribe lines 
ranged from 0.001 inch to 0.004 inch. The airplanes had accumulated 
between 595 and 17,571 total flight cycles. No cracks as a result of 
scribe lines found on Model 737-600, -700, -700C, -800, and -900 
airplanes have been reported to Boeing.

Related ADs

    This proposed AD is similar to two existing ADs. AD 2006-07-12, 
amendment 39-14539 (71 FR 16211, March 31, 2006), applies to Boeing 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 
2007-19-07, amendment 39-15198 (72 FR 60244, October 24, 2007), applies 
to Boeing Model 757-200, -200PF, and -200CB series airplanes. Those ADs 
require inspections to detect scribe lines in the fuselage skin at 
certain lap joints, butt joints, external repair doublers, and other 
areas; and related investigative/corrective actions if necessary. Those 
actions resulted from reports of fuselage skin cracks adjacent to the 
skin lap joints on airplanes that had scribe lines.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-53A1289, dated 
January 14, 2009. That service bulletin describes procedures for 
inspecting for scribe lines in the fuselage skin at lap joints, the 
splice strap at certain butt joints, the skin or doubler at certain 
approved repair doublers, and the skin at decal locations. That service 
bulletin specifies removing paint and sealant from affected areas 
before the initial inspection. The service bulletin specifies that the 
compliance time for the inspections ranges between before accumulating 
14,000 total flight cycles plus the first scribe line opportunity, and 
75,000 total flight cycles, depending on the inspection location, or 
within 4,000 flight cycles after the date the service bulletin was 
issued (whichever occurs later).
    That service bulletin specifies related investigative and 
corrective actions. The related investigative actions include 
performing repetitive detailed, high frequency eddy current, 
ultrasonic, and/or ultrasonic phased array inspections of the scribe 
lines to detect cracks. The repetitive inspection interval ranges 
between 1,000 and 10,000 flight cycles, depending on the condition 
found. The corrective actions include repairing scribe lines and 
cracks. The service bulletin specifies to repair cracks before further 
flight.
    That service bulletin also specifies repairing scribe lines before 
further flight, except when a limited return to service (LRTS) program 
for qualifying scribe lines would allow return to service for a limited 
period before scribe lines are repaired. The LRTS program includes 
repetitive inspections to detect cracks where scribe lines are found. 
To qualify for an LRTS program, scribe lines must meet certain criteria 
based on their depth and location. That service bulletin specifies 
final repair by using the structural repair manual or contacting Boeing 
for instructions, which would eliminate the need for the repetitive 
inspections of the LRTS program. The repetitive intervals for the LRTS 
program range from 2,500 flight cycles to 10,000 flight cycles after 
the scribe line is found, depending on the inspection location.
    That service bulletin notes that certain inspections would not be 
necessary under the following conditions:
     The airplane has never been stripped or repainted, or the 
airplane was stripped or repainted after July 1, 2007.
     The airplane has never had decals installed, or decals 
were installed after July 1, 2007.
     For each repair, the airplane has never been stripped or 
repainted since the repair was installed or the repair was installed 
after July 1, 2007.
     The area under the wing-to-body fairings has never been 
stripped or repainted or the airplane was stripped or repainted after 
July 1, 2007.
     No sealant has been removed except in accordance with the 
specified sealant removal processes given in Appendix A of the service 
bulletin.
    That service bulletin specifies submitting inspection results to 
Boeing. The service bulletin also provides procedures for addressing 
scribe lines detected before the initial inspection threshold.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences Between the Proposed AD and Service Bulletin.'' The 
proposed AD would also require sending the inspection results to 
Boeing.

Differences Between the Proposed AD and Service Bulletin

    Where the service bulletin specifies contacting the manufacturer 
for instructions on how to repair certain conditions, this proposed AD 
would require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by an Authorized Representative 
for the

[[Page 53444]]

Boeing Commercial Airplanes Delegation Option Authorization 
Organization whom we have authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 782 airplanes of 
U.S. registry. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD.

                                                                                     Table--Estimated Costs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   Number of
                                                      Average                                                                        U.S.-
                Action                  Work hours   labor rate     Parts                      Cost per product                    registered                      Fleet cost
                                                      per hour                                                                     airplanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...........................           53          $80           $0  $4,240 per inspection cycle.......................          782  $3,315,680 per inspection cycle.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

    Boeing: Docket No. FAA-2009-0913; Directorate Identifier 2009-
NM-101-AD.

Comments Due Date

    (a) We must receive comments by December 3, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800, 
and -900 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 737-53A1289, dated 
January 14, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from reports of scribe line damage found 
adjacent to the skin lap joints, decals, and wing-to-body fairings. 
The Federal Aviation Administration is issuing this AD to detect and 
correct scribe lines, which can develop into fatigue cracks in the 
skin. Undetected fatigue cracks can grow and cause sudden 
decompression of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection

    (g) At the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1289, dated 
January 14, 2009 (``the service bulletin''), except as provided in 
paragraph (h) of this AD, do detailed external inspections for 
scribe lines in the fuselage skin at lap joints, the splice strap at 
certain butt joints, the skin or doubler at certain approved repair 
doublers, and the skin at decals; and do all applicable related 
investigative and corrective actions, by accomplishing all actions 
specified in the Accomplishment Instructions of the service 
bulletin, except as provided by paragraph (i) of this AD.

    Note 1:  The inspection exceptions described in subparagraphs 
1.a. through 1.e. in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-53A1289, dated January 14, 2009, apply to this 
AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin 737-53A1289, dated 
January 14, 2009, specifies a compliance time after the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.
    (i) Where Boeing Alert Service Bulletin 737-53A1289, dated 
January 14, 2009, specifies to contact Boeing for appropriate 
action, accomplish applicable actions using a method approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

Report

    (j) At the applicable time specified in paragraph (j)(1) or 
(j)(2) of this AD: Submit a report of the findings (both positive 
and negative) of the inspections required by paragraph (g) of this 
AD. You may use Appendix B of Boeing Alert Service Bulletin 737-
53A1289, dated January 14, 2009. Send the report to Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. 
The report must contain, at a minimum, the inspection results, a 
description of any discrepancies found, the airplane serial number, 
and the number of flight cycles and flight hours on the airplane. 
Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), the Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this AD and has 
assigned OMB Control Number 2120-0056.

[[Page 53445]]

    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6447; fax (425) 
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.


    Issued in Renton, Washington, on October 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-24986 Filed 10-16-09; 8:45 am]
BILLING CODE 4910-13-P